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Appellate

  • June 10, 2025

    9th Circ. Revives Real Estate Investor Securities Suit, Again

    The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.

  • June 10, 2025

    6th Circ. Probes Ambiguity Of Flagstar Overdraft Contract

    A panel of Sixth Circuit appellate judges on Tuesday zeroed in on whether a Flagstar Bank customer had to read and understand an agreement to support claims a contract was ambiguous in her case alleging the bank charged surprise, repeated overdraft fees, noting that there is little benefit to reading an agreement if it's unclear. 

  • June 10, 2025

    9th Circ. Says Legal Co.'s $1.7M Chase Check Suit Is Too Late

    The Ninth Circuit affirmed a California federal court's ruling dismissing a suit by legal support company Nationwide Legal against JPMorgan Chase, saying its suit claiming Chase Bank acted negligently when it allowed a Nationwide Legal employee to deposit fraudulent checks was time-barred.

  • June 10, 2025

    ABA 'Surprised And Disappointed' By DOJ Shunning

    The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."

  • June 10, 2025

    IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach

    An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.

  • June 10, 2025

    Lindberg Says NC Court Can't Force $1.24M Claim On Fla. Co.

    Convicted mogul Greg Lindberg is fighting a New Jersey publisher's bid to collect on a $1.24 million judgment from a holding company in Florida, saying in a brief filed in North Carolina state appellate court that he doesn't hold an interest in the Florida company.

  • June 10, 2025

    Ga. Justices Rein In Admin Power & 'Unbridled' Election Board

    The Supreme Court of Georgia ruled Tuesday that a Trump-allied majority on the state's Election Board overstepped its authority last year when it passed a slew of voting rule changes in the run-up to the 2024 election, discarding 35 years of precedent on the rulemaking powers of administrative government bodies.

  • June 10, 2025

    Panel Dooms U. Of Washington's COVID-19 Coverage Battle

    The University of Washington cannot get coverage from a Liberty Mutual unit for COVID-19-related losses under its all-risk property policy requiring "direct physical loss or damage" to insured property for coverage to be triggered, a Washington state appeals court ruled.

  • June 10, 2025

    11th Circ. Revives Suit Over 'Summer Waves' TM

    The Eleventh Circuit on Tuesday revived a trademark lawsuit that the entity behind a Georgia waterpark launched against an inflatable pool maker over its purported use of the phrase "summer waves," finding a lower court has jurisdiction to hear the case.

  • June 10, 2025

    State Chief Justices Blast Plans To Cut Legal Services Corp.

    A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."

  • June 10, 2025

    9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague

    A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.

  • June 10, 2025

    House Conservatives Push Senate To 'Rein In' Judges

    House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.

  • June 10, 2025

    Health Records Co. Looks To Toss Patient Data Access Case

    PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.

  • June 10, 2025

    Power Co. Asks Justices To Settle Split In Tribal Tax Dispute

    Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.

  • June 10, 2025

    LA Schools Get $30M Death Suit Verdict Nixed On Appeal

    A California appeals panel has wiped out a $30 million verdict against the Los Angeles Unified School District in a suit by a mother whose son was killed by an employee during Christmas break 2019, saying state law grants immunity to the district in this instance.

  • June 10, 2025

    Wash. Justices Unsure About State Bar's Atty Suspension Bid

    The Washington Supreme Court seemed split Tuesday on a request from the state bar association to suspend an attorney for failing to cooperate with a misconduct investigation, with several justices flagging the "different story" shared by the respondent lawyer, who claims to have provided all requested information.

  • June 10, 2025

    Match.com Settles Reverse Spinoff Suit For $30M In Del.

    A mediator-recommended, $30 million settlement proposal has tentatively ended a five-year Delaware Court of Chancery stockholder challenge to the fairness of Match.com's 2019 reverse spinoff from the Barry Diller-controlled IAC/Interactive.

  • June 10, 2025

    10th Circ. Backs DOL Win In Construction Co. Retirement Suit

    The Tenth Circuit backed the U.S. Department of Labor's win in an enforcement case against a defunct construction firm and its owner alleging retirement plan mismanagement, ruling Tuesday that a Utah federal court properly ended the case after the defendants' repeated failures to respond to court orders.

  • June 10, 2025

    Fed. Circ. Keeps Trump Tariffs In Place, Fast-Tracks Appeal

    The Federal Circuit on Tuesday granted the federal government's bid to keep President Donald Trump's global tariffs in place while it appeals a U.S. Court of International Trade order striking them down on the grounds that they exceeded the president's authority.

  • June 10, 2025

    9th Circ. Says Immigration Board Can Review Atty Failure

    The Ninth Circuit ruled Tuesday that the Board of Immigration Appeals failed to adequately explain its conclusion that it couldn't review a Chinese man's claims of ineffective counsel before the appeals court.

  • June 10, 2025

    4th Circ. Backs Contract Verdict Against Turkish Weapons Co.

    The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.

  • June 10, 2025

    Mo. Verdict Winner Urges Justices To Deny Roundup Appeal

    A Missouri man awarded $1.2 million for a failure-to-warn claim alleging Roundup weed killer caused his cancer urged the U.S. Supreme Court to deny Monsanto's petition for review, saying the company is only trying to avoid liability.

  • June 10, 2025

    Pandemic Law Doesn't Protect Mich. Hospital In Bedsore Case

    A Michigan appellate court has revived a lawsuit filed by the estate of an 88-year-old woman who died after developing a bedsore during the COVID-19 pandemic, finding that a state law shielding hospitals from pandemic liability didn't apply because the woman wasn't treated for the virus.

  • June 10, 2025

    3rd Circ. Upholds NFL Case Findings On Censured Atty

    The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.

  • June 10, 2025

    Ayahuasca Church Brings Religious Use Case To DC Circ.

    An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.

Expert Analysis

  • Traversing The Shifting Sands Of ESG Reporting Compliance

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    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

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    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

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    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • What's At Stake As 9th Circ. Eyes Cultural Resource Damages

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    In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • Bid Protest Spotlight: Instructions, Price Evaluation, Standing

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    In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

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